If my HOA encroached on an easement, am I entitled to compensation?

HOA misrepresented the size of the easement and claimed that there were no documents. I did not receive a copy of the easement when I purchased the home through escrow or the HOA. The HOA installed additional equipment several years later and I OK’d it assuming that it was within the easement boundaries. The equipment benefits all residents equally. HOA more than doubled the dues making it a hardship and I asked to negotiate a reduction, they refused. HOA formed a small water company, which is owned by the HOA. Law prohibits one homeowner from paying more for water. I pay triple.

Asked on July 9, 2012 under Real Estate Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Yes.  If the HOA encroached the easement and prevented your reasonable use and enjoyment thereof, then you have damages and can sue.  There are ways that easements can be waived or destroyed...so its possible for your inaction to result in losing the easement rights and its possible that you have lost the easement already.

If this is going on, find a local attorney and act quickly before you lose the right to sue for the encroachment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.